Harvey Weinstein's rape conviction upheld in California, but new sentence ordered
A California appeals court upheld Harvey Weinstein's 2022 rape conviction on Friday but vacated his 16-year sentence, ordering a lower court to resentence him in light of a since-overturned New York conviction.
Conviction upheld
A California appellate court on Friday rejected Harvey Weinstein's bid to overturn his 2022 Los Angeles rape conviction. The three-judge panel ruled unanimously that the trial judge correctly allowed testimony from four other accusers under California's evidence rules, which permit such testimony to show a propensity for sex crimes. Justice Michelle Kim, writing for the panel, stated that the court's rulings "did not infringe on Weinstein's constitutional rights to challenge the prosecution's case." The charges stemmed from the assault of an Italian model at the L.A.-Italia Film Festival in 2013.
Resentencing ordered
Although the conviction stands, the appeals court vacated Weinstein's 16-year sentence and sent the case back to Los Angeles Superior Court Judge Lisa B. Lench for resentencing. The original sentence included eight years for forcible oral copulation, the maximum allowed, because of Weinstein's prior 23-year New York conviction for sexual assault. That New York conviction was overturned in April 2024, removing the legal basis for the higher term. Legal analysts suggest the new sentence could be reduced by two years, resulting in a term of 12 to 14 years, as Lench may now impose the middle term of six years on that count.
This is not the end of the appellate process. We intend to seek review in the state's highest court.
New York legal front
A day before the California ruling, Manhattan prosecutors dropped a rape charge against Weinstein, sparing accuser Jessica Mann from testifying in a fourth trial. Instead, Weinstein awaits sentencing in the fall for one count of criminal sexual act against former Project Runway assistant Miriam Haley. Prosecutors have asked for a 20-year term. Weinstein remains held at Rikers Island, where he has been incarcerated since 2020.
It is clear, when a convicted rapist is awarded privileges to continue to shield a jury from past settlements, nondisclosure agreements, prior convictions, or other abuse, there is no true justice for a victim of sexual assault when that rapist is a predator.
Pending legal milestones
The ruling is the latest in a protracted legal saga. Weinstein was initially convicted in New York in 2020 and sentenced to 23 years, a verdict overturned in 2024. In Los Angeles, the 2022 trial ended with a conviction on three counts and a 16-year sentence. The interplay of these cases now reshapes the timeline of his imprisonment.
- Jane Doe 1 assaulted in Los Angeles hotel room
- Los Angeles jury convicts Weinstein of rape, oral copulation, and penetration
- Sentenced to 16 years in prison
- New York appeals court overturns 2020 conviction
- Manhattan prosecutors drop rape charge
- California appeals court upholds conviction, orders resentencing
Reaction from defense
Weinstein's lawyer, Jennifer Bonjean, expressed disappointment and said the defense would appeal to the California Supreme Court, maintaining that "significant legal issues deserve further consideration." Weinstein himself, during his original sentencing, pleaded for leniency:
The 74-year-old former film mogul has been entangled in multiple criminal cases since 2020, with over 80 women having accused him of sexual misconduct.I tried all my life to bring happiness to people. Please don't sentence me to life in prison. I don't deserve it.
